BATA v. BATA


282 A.D. 861 (1953)

Thomas J. Bata et al., Respondents, v. Jan A. Bata, Appellant. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, First Department.

October 15, 1953.


Per Curiam.

The basis of the motion to punish for civil contempt was the submission of an alleged false affidavit said to be a "deceit or abuse of a mandate or proceeding of the court" (Judiciary Law, § 753, subd. A, par. 2). The motion on which the affidavit was submitted was withdrawn before any action was taken by the court thereon. The Special Term ordered a reference to ascertain the facts with respect to the transaction upon which the affidavit was...

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